(Columbia) July 17, 2003 - South Carolina is taking additional steps to help victims of domestic violence. In 2002, the Palmetto State ranked third in the nation in the number of fatal domestic violence cases, and in 2000 Attorney General Henry McMaster says SLED documented almost 35,000 domestic violence assaults.

At the State House Thursday morning, McMaster's office announced at Special Domestic Violence Prosecutor Initiative designed to reduce domestic violence. Under the initiative (see below) prosecutors, judges and victims' advocacy groups like the South Carolina Coalition Against Domestic Violence and Sexual Assault will train, certify and supervise volunteer lawyers to serve 
pro bono as prosecutors on criminal domestic violence cases.

Most criminal domestic violence cases, currently handled in magistrate and municipal courts, take place without a prosecutor present, leaving the victim without representation, which can lead to dropped charges and fewer convictions.

Police officers act as the prosecutor is most criminal domestic violence cases. Rock Hill Police Officer Karen Carroll says that's too much of a burden to put on the officer, who generally has no formal training, "A lot of times you don't get the cooperation of the victim because she's afraid."

Judge Mel Maurer, a Richland County magistrate, says, "A lot of times the officer will get statements from victims and the victim won't show up to court and they'll want to use the statement, but without the victim being there those are hearsay and can't be presented in court."

The judge says the new procedures will allow police to do what they do best, "Police officers have enough to do on the road, arriving on scenes and making snap decisions. The solicitor or the trained prosecutor will be able to present the evidence in a fashion, and they're trained to question the other party if they testify in a manner that would illicit the proper information for the court to get a guilty verdict."

Vicki Bourus is with the South Carolina Coalition Against Domestic Violence and Sexual Assault. She says having a lawyer to act as prosecutor would also encourage victims to stand up to their attacker, "She will be empowered by having a real court representative there standing shoulder-to-shoulder."

Chief Justice Jean Toal is pleased with the program, which she helped develop. Pilot programs will be launched in November in Orangeburg and Kershaw Counties followed by York and Cherokee Counties. Some counties already have paid solicitors to prosecute CDV cases.

McMaster says he hopes the program will increase the number of convictions for first- and second-time offenders. He says he hopes it eventually will go statewide.

Special Domestic Violence Prosecutor Initiative

1. Attorney General to train, certify and supervise pro bono lawyers to represent the State in criminal domestic violence cases in magistrates' and municipal courts. Solicitors may assume primary supervision in their circuits, supplemented by the Attorney General.
2. The training provided, at no cost by Attorney General's Office, will consist of between twelve and twenty hours of high quality instruction for CLE credit. Training will include trial advocacy, substantive law, practical application and ethics. A certificate will be given to lawyers completing the training. Instructors will include experienced criminal domestic violence prosecutors and judges, as well as presentations by support groups and organizations such as Sistercare, South Carolina Coalition Against Domestic Violence and Sexual Assault, Domestic Violence Center and South Carolina Victims Assistance Network. A training, practice and resource manual will be provided to each participant.
   A short refresher course will be required annually for participants in the program to maintain their certification under this program.
   Solicitors will approve participants in their circuits.
   Training may be expanded for magistrates and municipal judges as deemed appropriate by the Supreme Court.
3. Attorney General's Office will develop and maintain a case management system, which will collect data on the program, including identification of the participating attorneys, and the number, status, nature and resolution of cases. At least one full time staff member will serve as the program coordinator, with additions as the program expands. The Attorney General's Office will supervise and manage the program.
4. Rule 608, Appointment of Lawyers for Indigents. The issue should be addressed as to how participation in this program relates to Indigent Defense.
5. The program will begin on a pilot basis in two to four counties, Orangeburg, Kershaw, York or Cherokee. It will expand to include all counties where prosecution is not otherwise available.
   The Attorney General's Office will develop information and statistics in each county as to the incidence of criminal domestic violence, including the number of warrants issued.
6. Protocols and procedures will be developed to alert the Attorney General's Office of the commencement of criminal domestic violence proceedings upon the issuance of a warrant. Appropriate contact will be made with the complainant or law enforcement to determine the assignment of a special prosecutor. All action will be documented.
   Protocols and procedures will be developed to alert Solicitors and available support groups and organizations.
7. Cooperation with existing programs will be emphasized. Assistance in organizing criminal domestic violence courts or court sessions will be provided upon request by all participants.
   

Reporting by Rebecca Pepin
Updated 4:36pm by Chris Rees